- 1 - HC-KAR NC: 2026:KHC:13762 WP No. 7359 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7359 OF 2026 (KLR-RES) BETWEEN: 1. SMT. KIRTANA BIDDAPA D/O (LATE) T. S. BIDDAPA AGED ABOUT 51 YEARS RESIDING AT 243/4, 18TH CROSS, NEAR CAUVERY THEATRE, SADASHIVANAGAR, BANGALORE - 560080 …PETITIONER (BY SRI. B.S. SUSHANTH SHARMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI KODAGU DISTRICT - 571201 3. TAHSILDAR TALUK OFFICE, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13762 WP No. 7359 of 2026 SOMWARPET TALUK, SOMWARPET, KODAGU DISTRICT- 571236 4. REVENUE INSPECTOR TALUK OFFICE, SOMWARPET TALUK, SOMWARPET, KODAGU DISTRICT- 571236 5. ASSISTANT DIRECTOR OF LAND RECORDS (ADLR) SOMWARPET TALUK, SOMWARPET, KODAGU DISTRICT- 571236 …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER BEARING NO. TST/MAG/94/2025- 26 DATED 20.02.2026, ISSUED BY NO. 3PRODUCED HEREWITH AS ANNEXURE-AII. ISSUE SUITABLE DIRECTIONS TO THE RESPONDENTS TO 'PROTECT AND NOT TO DISTURB OR OTHERWISE TAKE ANY STEPS TO REMOVE OR OTHERWISE ALTER THE NATURE OF LAND BEARING SY NO.6 IN KOPPATTURU VILLAGE, SOMWARPET HOBLI, SOMWARPET TALUK, KODAGU DISTRICT EXCEPT BY DUE PROCESS OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13762 WP No. 7359 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. Learned counsel for the petitioner is directed to serve copies of the writ petition along with annexures on the learned AGA. 3. Learned counsel for the petitioner submits, while drawing attention of this Court to the impugned notice at Annexure-A that, no where in the reference is there any information that notice has been issued to the petitioner. In the reference all that is stated is a complaint filed by Smt.M.A.Savithri and family members on 13.05.2025; communication made by the Deputy Commissioner on 25.06.2025; report submitted by the Revenue Inspector on 30.07,2025; reports submitted by the Assistant Director of Land Records on 25.11.2025. Learned counsel would therefore submit that no prior notice is given to the petitioner and in the impugned order, the respondent-Tahsidlar has directed the petitioner to evict or remove all encroachments on or before - 4 - HC-KAR NC: 2026:KHC:13762 WP No. 7359 of 2026 25.02.2026. Learned counsel submits that it is clear from the impugned order itself that no opportunity of hearing is given to the petitioner and the Tahsildar has unilaterally come to conclusion that the petitioner has encroached upon the 'kaludari' in Sy.No.6 of Koppathuru Village. Learned counsel for the petitioner submits that the respondents cannot dispute the fact that the petitioner is the owner of 27 acres 99 cents in Sy.No.6 of Koppathuru Village, Somawarpete Taluk as found in the RTC at Annexure-C. 4. Consequently, the writ petition stands disposed of with a direction to respondent-Tahsildar and the petitioner herein to treat the impugned order at Annexure-A as a show cause notice. 15 days time is given to the petitioner to give a reply to the show cause notice. The Tahsidlar shall thereafter consider the reply and the documents that would be submitted along with the reply, conduct a joint survey in the presence of the petitioner and thereafter proceed only in accordance with law. 5. Needless to observe that till such a decision is rendered by the Tahsildar pursuant to the directions issued by - 5 - HC-KAR NC: 2026:KHC:13762 WP No. 7359 of 2026 this Court no precipitative action shall be taken against the petitioner. Ordered accordingly. 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 19